Complaints about pregnant women being turned away from emergency rooms spiked in the months after states began enacting strict abortion laws following the 2022 U.S.
apnews.com
WASHINGTON (AP) — One woman miscarried in the lobby restroom of a Texas emergency room as front desk staff refused to check her in. Another woman learned that her fetus had no heartbeat at a Florida hospital, the day after a security guard turned her away from the facility. And in North Carolina, a woman gave birth in a car after an emergency room couldn't offer an ultrasound. The baby later died.
Complaints that pregnant women were turned away from U.S. emergency rooms spiked in 2022 after the U.S. Supreme Court overturned Roe v. Wade, federal documents obtained by The Associated Press reveal.
The cases raise alarms about the state of emergency pregnancy care in the U.S., especially in states that enacted strict abortion laws and sparked confusion around the treatment doctors can provide.
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"It is shocking, it's absolutely shocking," said Amelia Huntsberger, an OB/GYN in Oregon. "It is appalling that someone would show up to an emergency room and not receive care -- this is inconceivable."
It's happened despite federal mandates that the women be treated.
Federal law requires emergency rooms to treat or stabilize patients who are in active labor and provide a medical transfer to another hospital if they don't have the staff or resources to treat them. Medical facilities must comply with the law if they accept Medicare funding.
The Supreme Court will hear arguments Wednesday that could weaken those protections. The Biden administration has sued Idaho over its abortion ban, even in medical emergencies, arguing it conflicts with the federal law.
"No woman should be denied the care she needs," Jennifer Klein, director of the White House Gender Policy Council, said in a statement. "All patients, including women who are experiencing pregnancy-related emergencies, should have access to emergency medical care required under the Emergency Medical Treatment and Labor Act (EMTALA)."
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Pregnant patients have "become radioactive to emergency departments" in states with extreme abortion restrictions, said Sara Rosenbaum, a George Washington University health law and policy professor.
"They are so scared of a pregnant patient, that the emergency medicine staff won't even look. They just want these people gone," Rosenbaum said.
Consider what happened to a woman who was nine months pregnant and having contractions when she arrived at the Falls Community Hospital in Marlin, Texas, in July 2022, a week after the Supreme Court's ruling on abortion. The doctor on duty refused to see her.
"The physician came to the triage desk and told the patient that we did not have obstetric services or capabilities," hospital staff told federal investigators during interviews, according to documents. "The nursing staff informed the physician that we could test her for the presence of amniotic fluid. However, the physician adamantly recommended the patient drive to a Waco hospital."
Investigators with the Centers for Medicare and Medicaid Services concluded Falls Community Hospital broke the law.
Reached by phone, an administrator at the hospital declined to comment on the incident.
The investigation was one of dozens the AP obtained from a Freedom of Information Act request filed in February 2023 that sought all pregnancy-related EMTALA complaints the previous year. One year after submitting the request, the federal government agreed to release only some complaints and investigative documents filed across just 19 states. The names of patients, doctors and medical staff were redacted from the documents.
